Civil Rights and Discrimination Commons^™

Unifying Disparate Treatment (Really), Martin J. Katz

Sturm College of Law: Faculty Scholarship

The Article will proceed in three parts. Part I will show the fragmented state of current disparate treatment law. Part II will demonstrate why this fragmentation is problematic as a normative matter, and why the I99I Civil Rights Act framework is superior to the Price Waterhouse and McDonnell Douglas frameworks. Part III will point the way toward a unified disparate treatment doctrine, in which all litigants will use the 1991 Act framework.

Welfare Reform In A Global Economy, 11 J. Gender Race & Just. 209 (2008), Steven D. Schwinn

UIC Law Open Access Faculty Scholarship

No abstract provided.

No Compensation For Slave Traders: Some Implications, 14 Tex. Wesleyan L. Rev. 289 (2008), Allen R. Kamp

UIC Law Open Access Faculty Scholarship

No abstract provided.

Affirmative Action & Negative Action: How Jian Li's Case Can Benefit Asian Americans, Adrian Liu

Michigan Journal of Race and Law

In October 2006, Asian American student Jian D filed a civil rights complaint against Princeton University claiming that Princeton's affirmative action policies were discriminatory. Li argues that affirmative action gives preferences to non-Asian minorities at the expense of Asian students. Li's case aligns the interests of Asian Americans with Whites who challenge affirmative action and suggests that such policies are inherently discriminatory because they exclude students based on race and sacrifice merit. This Article argues that Li's exclusion is not due to affirmative action but is likely due to "negative action," the unfavorable treatment of Asian Americans relative to Whites. …

From Proposition 209 To Proposal 2: Examining The Effects Of Anti-Affirmative Action Voter Initiatives, Michigan Journal Of Race & Law

Michigan Journal of Race and Law

Transcript of the symposium held at the University of Michigan Law School on Saturday, February 9, 2008 in Hutchins Hall Room 100

Let's Not Jump To Conclusions: Approaching Felon Disenfranchisement Challenges Under The Voting Rights Act, Thomas G. Varnum

Michigan Journal of Race and Law

Section 2 of the Voting Rights Act of 1965 invalidates voting qualifications that deny the right to vote on account of race or color. This Article confronts a split among the federal appellate courts concerning whether felons may rely on Section 2 when challenging felon disenfranchisement laws. The Ninth Circuit Court of Appeals allows felon disenfranchisement challenges under Section 2; however, the Second and Eleventh Circuits foresee unconstitutional consequences and thus do not. After discussing the background of voting rights jurisprudence, history of felon disenfranchisement laws, and evolution of Section 2, this Article identifies the points of contention among the …

Exploring The Limits Of Executive Civil Rights Policymaking, Stephen Plass

Oklahoma Law Review

No abstract provided.

Simply Put: How Diversity Benefits Whites And How Whites Can Simply Benefit Diversity, Angela Mae Kupenda

Journal Articles

Although there are surmountable legal barriers to racial integration in education, fuller integration is possible. But first, whites must see how they benefit from diversity, and, second, whites must take simple steps toward integration that may, in turn, reveal to whites their desire to become more fully integrated. These two steps may help remove the limiting point to true integration.

Book Review, Angela Mae Kupenda

Journal Articles

YOUR BLUES AIN’T LIKE MINE is an excellently written, fictionalized account of the lives of several people set in the fifties as a rural Mississippi community reacts to impending school racial desegregation and the killing of a fifteen year old black boy who had the misfortune of speaking French in the direction of a white woman. I’ve used this book to facilitate discussion on issues of race, gender, the law, class, and politics in several of my law school classes such as Race and the Law, Gender and the Law, and Civil Rights.

Plessy's Ghost: Grutter, Seattle And The Quiet Reversal Of Brown, D. Marvin Jones

Articles

No abstract provided.

Community, Diversity, And Equal Protection: The Louisville And Seattle School Cases (Symposium Introduction), Robert M. Ackerman

Law Faculty Research Publications

No abstract provided.

No Brown Towns: Anti-Immigrant Ordinances And Equality Of Educational Opportunity For Latina/Os, Tom I. Romero Ii

Scholarly Works

No abstract provided.

The Current State Of Residential Segregation And Housing Discrimination: The United States' Obligations Under The International Convention On The Elimination Of All Forms Of Racial Discrimination, Michael B. De Leeuw, Megan K. Whyte, Dale Ho, Catherine Meza, Alexis Karteron

Michigan Journal of Race and Law

The United States government accepted a number of obligations related to housing when it ratified the International Convention on the Elimination of All Forms of Racial Discrimination ("CERD"). For example, the United States government must ensure that all people enjoy the rights to housing and to own property, without distinction as to race; cease discriminatory actions, including those that are discriminatory in effect regardless of intent; and take affirmative steps to remedy past discrimination and eradicate segregation. This Article discusses the United States government's compliance with those obligations, as well as the importance of meaningful compliance in maintaining the United …

From Pedagogical Sociology To Constitutional Adjudication: The Meaning Of Desegregation In Social Science Research And Law, Anne Richardson Oakes

Michigan Journal of Race and Law

In the United States following the case of Brown v. Board of Education (1954) federal judges with responsibility for public school desegregation but no expertise in education or schools management appointed experts from the social sciences to act as court advisors. In Boston, MA, educational sociologists helped Judge W. Arthur Garrity design a plan with educational enhancement at its heart, but the educational outcomes were marginalized by a desegregation jurisprudence conceptualized in terms of race rather than education. This Article explores the frustration of outcomes in Boston by reference to the differing conceptualizations of desegregation in law and social science. …

Servitude, Liberté Et Citoyenneté Dans Le Monde Atlantique Des Xviiie Et Xixe Siècles: Rosalie De Nation Poulard…, Rebecca J. Scott, Jean Hebrard

Articles

On December 4, 1867, the ninth day of the convention to write a new post-Civil War constitution for the state of Louisiana, delegate Edouard Tinchant rose to propose that the convention should provide “for the legal protection in this State of all women” in their civil rights, “without distinction of race or color, or without reference to their previous condition.” Tinchant’s proposal plunged the convention into additional debates ranging from voting rights and equal protection to recognition of conjugal relationships not formalized by marriage.

This article explores the genesis of Tinchant’s conceptions of citizenship and women’s rights through three generations …

Public Rights, Social Equality, And The Conceptual Roots Of The Plessy Challenge, Rebecca J. Scott

Articles

This Article argues that the test case that gave rise to the 1896 decision in Plessy v. Ferguson is best understood as part of a wellestablished, cosmopolitan tradition of anticaste activism in Louisiana rather than as a quixotic effort that contradicted nineteenth-century ideas of the boundaries of citizens' rights. By drawing a dividing line between civil and political rights, on the one hand, and social rights, on the other, the Supreme Court construed challenges to segregation as claims to a "social equality" that was beyond the scope of judicially cognizable rights. The Louisiana constitutional convention of 1867-68, however, had defined …

Two Tailors: The Pursuit Of Racial Justice In 1970s Chicago, Susan L. Waysdorf

University of the District of Columbia Law Review

Every legal case has a story behind it, and some, like this one, also have a legacy. This is a story about two immigrant tailors in Chicago-the white tailor's attempt to sell his tailor shop to the black tailor, and the racial discrimination they confronted together. One tailor, Ivan Thompson, was a black citizen of Great Britain living in Chicago, and the other, Martin Waysdorf, was a white Jew from Poland. He became a. U.S. citizen in 1949, after emigrating from his Polish shtetl to Chicago and escaping the Nazi Holocaust.' The Jewish tailor was my father. This article will …

Beyond The Cat’S Paw: An Argument For Adopting A “Substantially Influences” Standard For Title Vii And Adea Liability, Tim Davis

The University of New Hampshire Law Review

[Excerpt] “Susan, an African-American nurse, has worked for a large group of physicians for nearly twenty years and is nearing the end of her career. Susan’s boss has recently retired and has been replaced by a man with an animus toward African-Americans. This has put Susan in a precarious situation.

Instead of overtly discriminating against her, Susan’s supervisor complains to the large medical practice’s personnel committee that Susan’s work is substandard and she no longer is a productive worker. The committee, based on the supervisor’s report, fires Susan.

When Susan goes to court to assert her right not to be …

Presenter, “The Bca And The Ncaa: How Title Vii May Level The Playing Field In The Collegiate Coaching Ranks”, N. Jeremi Duru

Presentations

In January 2007, only 5% of the 119 head coaches in Division I-A college football teams were minorities. This number is startling in light of the fact that in National Collegiate Athletic Association (NCAA) football teams 55% of the student-athletes are from minority groups. Even the president of the NCAA, Myles Brand, has stated that this organization has had a “dismal record of hiring people of color into head coaching positions, especially in the sport of football.” The disparity between the numbers of coaches and players has prompted an action brought by the Black Coaches & Administrators (BCA). The BCA …

Book Information And Talk At Ritz Theatre And Lavilla Museum

Textual material from the Rodney Lawrence Hurst, Sr. Papers

A talk with Rodney Hurst about his new book "It was Never about a Hot dog and a Coke"

Can Michigan Universities Use Proxies For Race After The Ban On Racial Preferences?, Brian T. Fitzpatrick

Vanderbilt Law School Faculty Publications

In 2003, the Supreme Court of the United States held that public universities - and the University of Michigan in particular - had a compelling reason to use race as one of many factors in their admissions processes: to reap the educational benefits of a racially diverse student body. In 2006, in response to the Supreme Court's decision, the people of Michigan approved a ballot proposal - called the Michigan Civil Rights Initiative (MCRI) - that prohibits public universities in the state from discriminating or granting preferential treatment on the basis of race. Shortly after the MCRI was approved, a …

Discrimination At Will: Job Security Protections And Equal Employment Opportunity In Conflict, Julie C. Suk

Articles

The conventional wisdom amongst scholars and advocates of employment discrimination law is that the success of Title VII is significantly hampered by the enduring doctrine of employment at will. As long as employers have broad discretion to fire employees for any reason, no reason, or a bad reason, employers can easily get away with terminating or refusing to promote racial minorities and women as long as some credible nondiscriminatory reason, such as personal animosity, can be presented. This account feeds the widely accepted view that employment at will and the goals of Title VII, namely equal employment opportunity, are at …

Social Justice And The Law, Elaine R. Jones

University of Richmond Law Review

No abstract provided.

Immigration Reform In America: Past, Present, And Future, Thaddeus Coffman

Undergraduate Theses and Capstone Projects

This paper examines immigration legislation throughout the history of the United States. The author has divided the focus of legislative activity into four main eras: the Laissez- Fair Era (1789-1875), the Anti-Asian Era (1876-1920), the National Origin Quotas Era (1921-1953), and the Illegal Immigration Era (1954-present). While these eras are not all inclusive, they are indicative of the main focus of legislation passed during their time. The author then compares the impact of major legislation passed during these eras to three current proposals aimed at addressing the increasing issue of illegal immigration: two versions of a guest-worker program and amnesty/legalization …

Summary Of Presentation: Climate Of Environmental Justice Conference, Michael B. Gerrard

The Climate of Environmental Justice: Taking Stock (March 16-17)

Presenter: Michael B. Gerrard, Partner, Arnold & Porter LLP, New York, NY

2 pages.

Indigenous Peoples And Environmental Justice: The Impact Of Climate Change, Rebecca Tsosie

The Climate of Environmental Justice: Taking Stock (March 16-17)

Presenter: Rebecca Tsosie, Professor of Law, Arizona State University

1 page.

Healing Earth, Helping Neighbors: Using Brownfield Remediation Projects To Advance Environmental Justice [Outline], Willie Shepherd

The Climate of Environmental Justice: Taking Stock (March 16-17)

Presenter: Willie Shepherd, Chairman and Co-Founder, Kamlet Shepherd & Reichert, LLP

2 pages.

"Presentation Outline"

Deadly Waiting Game: An Environmental Justice Framework For Examining Natural And Man-Made Disasters Beyond Hurricane Katrina [Abstract], Robert D. Bullard

The Climate of Environmental Justice: Taking Stock (March 16-17)

Presenter: Robert D. Bullard, Ph.D., Professor of Sociology, Clark Atlanta University

1 page.

Action On Global Warming: Making Room For Tribal Governments In The New Kind Of Wedge Issue, Dean B. Suagee

The Climate of Environmental Justice: Taking Stock (March 16-17)

Presenter: Dean B. Suagee, Of Counsel, Hobbs, Straus, Dean & Walker LLP, Washington, D.C.

1 page.

Second Generation Environmental Justice: Challenges And Opportunities, Rachel D. Godsil

The Climate of Environmental Justice: Taking Stock (March 16-17)

Presenter: Rachel D. Godsil, Professor of Law, Seton Hall Law School

3 pages.